BNSS 2023 Section 66: Ensuring Opportunity to Be Heard Before Criminal Proceedings

In the realm of criminal law, the principle of audi alteram partem—hear the other side—is a cornerstone of natural justice. It guarantees that no one should be condemned unheard, especially before formal criminal proceedings commence. But under which provision does the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023) provide this crucial opportunity to the opposite party? This question is vital for litigants, lawyers, and law enforcement navigating India's updated criminal procedure code.

This blog post delves into Section 66 of BNSS 2023, its role in facilitating fair hearings, comparisons with the old CrPC, and insights from judicial interpretations. Note: This is general information based on legal sources and is not specific legal advice. Consult a qualified lawyer for your case.

Understanding the Core Question

A common query arises: Under which provision does BNSS 2023 provide opportunity of being heard to the opposite party before initiating criminal proceedings? The answer lies primarily in Section 66, which governs the service of summons when the summoned person cannot be found through due diligence. This procedural safeguard ensures notification, paving the way for participation and being heard. 2025 0 Supreme(Jhk) 547

Key Features of Section 66 BNSS 2023

Section 66 states: > Where the person summoned cannot, by the exercise of due diligence, be found, the summons may be served by leaving one of the duplicates for him with some adult member of his family residing with him, and the person with whom the summons is so left shall, if so required by the serving officer, sign a receipt therefor on the back of the other duplicate. 2025 0 Supreme(Jhk) 547

This provision modernizes summons service by allowing delivery to any adult family member, not just adult males as under the old CrPC Section 64. The intent? To notify the opposite party effectively, giving them a chance to appear and defend before proceedings advance. 2024 0 Supreme(UK) 194

• Expanded Service Options: Removes gender restrictions, promoting inclusivity and efficiency.
• Notification Focus: Ensures the accused or opposite party is aware, upholding natural justice.
• Pre-Proceeding Role: Service happens early, before substantive adjudication, allowing objections or responses.

Comparison with CrPC: Continuity and Evolution

BNSS 2023 replaces the CrPC 1973, but procedural fairness remains central. The old Section 64 CrPC mirrored Section 66 in purpose: > The purpose and mandate of both the provision is only to serve the other side for adjudication of the issue so that the other party may also be heard. 2024 0 Supreme(UK) 194

Courts emphasize that these steps prevent ex-parte actions, ensuring balanced proceedings. While BNSS introduces digital and electronic services elsewhere, Section 66 retains a practical, family-based approach for hard-to-find persons.

Judicial Interpretations Reinforcing Section 66

Indian courts consistently interpret such provisions to protect the right to be heard. For instance, procedural lapses in notices can lead to annulment, as seen in land dispute cases under Section 164 BNSS 2023. There, notices deemed non-compliant were set aside: > Procedural violations in land dispute notices can lead to annulment, ensuring adherence to statutory procedures. 2025 Supreme(Online)(Tel) 17781

This underscores that improper service under provisions like Section 66 could compromise hearings, prompting courts to mandate fresh, compliant actions.

In quashing petitions under Section 528 BNSS 2023 (inherent powers), courts scrutinize pre-cognizance stages. Prospective accused lack locus standi to challenge FIR directions before cognizance, but once served, they gain full participatory rights. 2025 0 Supreme(All) 2883

Kamlesh Meena vs State Of U.P.

Another ruling highlights: > Prospective accused cannot challenge the direction for F.I.R. registration and investigation before cognizance, affirming no locus standi in such cases. 2025 0 Supreme(All) 2883

These cases illustrate how Section 66 fits into the broader framework—proper service triggers the opportunity to engage before escalation.

Related Procedural Safeguards in BNSS

BNSS 2023 bolsters fairness across sections:

• Section 164 (Land/Water Disputes): Requires notices for appearance, with annulment for procedural flaws, emphasizing pre-proceeding hearings. 2025 Supreme(Online)(Tel) 17781
• Section 528 (Quashing Powers): Used post-settlement in non-heinous cases, but only after parties are heard. Courts quash if continuation causes oppression. 2025 0 Supreme(Jhk) 1502
• Pre-Cognizance Protections: Magistrates must ensure inquiries before directing investigations, aligning with hearing rights.

  Kamlesh Meena vs State Of U.P.

In transfer petitions or bail applications, courts balance convenience and fairness, often post-service under Section 66. 2024 0 Supreme(Gau) 1360 2024 0 Supreme(P&H) 1299

Exceptions and Limitations

While Section 66 facilitates hearings, challenges persist:- Improper Service: If not effected correctly, the opportunity may be illusory, but courts allow re-service. 2025 0 Supreme(Jhk) 547- Non-Compliance: In urgent cases (e.g., heinous offenses), proceedings may advance, but appeals remedy this. 2024 0 Supreme(MP) 456- High Court Oversight: Under Section 528, extraordinary jurisdiction requires compelling evidence and proper channels first. 2024 0 Supreme(P&H) 1303

Practical Recommendations

For authorities and parties:1. Ensure Diligent Service: Follow Section 66 meticulously to avoid challenges. 2024 0 Supreme(UK) 1942. Opposite Party Actions: Upon service, promptly appear, raise objections, or seek quashing if warranted. 2025 Supreme(Online)(Jhk) 43573. Leverage Digital Tools: BNSS permits electronic summons elsewhere—combine with Section 66 for robustness.4. Seek Legal Aid Early: Pre-proceeding stages are critical; engage counsel to assert hearing rights.

Key Takeaways

• Section 66 BNSS 2023 is the pivotal provision for notifying the opposite party via family service, ensuring a pre-proceeding hearing opportunity. 2025 0 Supreme(Jhk) 547
• It upholds natural justice, evolving from CrPC while broadening access. 2024 0 Supreme(UK) 194
• Judicial precedents stress procedural compliance to prevent annulments or quashing. 2025 Supreme(Online)(Tel) 17781

BNSS 2023 modernizes criminal procedure without diluting fairness. As cases evolve, staying informed on sections like 66 empowers better navigation of the justice system. For personalized guidance, always consult a legal professional.

References:- 2025 0 Supreme(Jhk) 547- 2024 0 Supreme(UK) 194- 2025 Supreme(Online)(Tel) 17781- 2025 0 Supreme(All) 2883-

Kamlesh Meena vs State Of U.P.